Item 24 Staff Report Consideration of Introduction of An Ordinance of the Town of Los Gatos, Chapter 1, Section 19 Establishing Three Official Locations for Posting Town Noticesof
COUNCIL AGENDA
DATE: 11/19/90
ITEM NO.0?�
TOWN OF LOS GATOS
Council A ends Re ort
DATE: November 8
1990
TO: MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDERATION OF INTRODUCTION OF AN ORDINANCE O
TOWN OF LOS GATOS, CHAPTER OF THE
ESTABLISHING THREE OFFICIAL LOCATIONS FORTION
POSTIN19
G
TOWN NOTICES
FROM: MARy JO LEVINGER, TOWN ATTORNEY
RECOMMENDATION•
1. Motion to waive reading of the attached ordinance.
2. Clerk read title.
3. Motion to introduce the ordinance.
PREPARED BY: MARY JO LEVINGER
MJL: ymf
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cc: Regular Distribution
Reviewed by: \/
ATTORNEY
TOWN COUNCIL ACTION DIRECTED TO: _
ACTION OF COUNCIL:
COMMENTS:
CLERK
TREASURER Rdlt
MAYOR AND TOWN COUNCIL
RE: CONSIDERATION OF INTRODUCTION OF AN ORDINANCE OF THE TOWN OF
LOS GATOS, CHAPTER 1, SECTION 19 ESTABLISHING THREE OFFICIAL
LOCATIONS FOR POSTING TOWN NOTICES
November 12, 1990
Page 2
DISCUSSION:
Background
Recently, the two newspapers of general circulation in the
Town of Los Gatos merged. This created a situation where the
surviving newspaper, the Weekly -Times needed to obtain a judicial
order modifying the decree of general circulation reflecting the
change in the newspaper's name. Although the Weekly -Times obtained
the necessary decree on November 14, 1990, it is advisable that the
Town establish three public places for posting public notices in
order to provide adequate notice to the residents of the Town as
provided by statutory law. The three places recommended are at the
Town Hall Bulletin Board, the Fiesta Way Kiosk and the Community
Bulletin Board on the northwest corner of South Santa Cruz Avenue
and Saratoga Avenue.
Pursuant to Government Code Section 36933(a), "[W]ithin 15
days after its passage, the city clerk shall cause each ordinance
to be published at least once ..., in a newspaper of general
circulation published and circulated in the city, if there is
none, he shall cause it to be posted in at least three public
places in the city ...".
In adopting this ordinance, the Council provides an adequate
and statutory acceptable alternative to publishing notices in a
newspaper of general circulation in the event the Town again does
not have a newspaper of general circulation available for notice.
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ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING
THREE OFFICIAL DESIGNATIONS FOR POSTING PUBLIC
NOTICES AND IDENTIFYING THOSE PLACES AS THE TOWN
HALL BULLETIN BOARD, THE FIESTA WAY KIOSK AND
THE UNIVERSITY AVENUE FIRE HOUSE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
Section 1-19 - Posting Public Notices.
Public notices shall be published in a newspaper of general circulation,
published in the Town of Los Gatos, but if no such newspaper exists, public notices
shall be posted at the Town Hall Bulletin Board, the Fiesta Way Kiosk and the
Community Bulletin Board on the northwest corner of South Santa Cruz Avenue and
Saratoga Avenue as the designated places for posting public notices for the Town
pursuant to Government Code Section 36933(a).
SECTION II
This ordinance takes effect 30 days after it is adopted. Within 15 days after this
ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper
of general circulation published and circulated in the Town.
This ordinance was introduced at a meeting of the Town Council of
the Town of Los Gatos on , 1990 and adopted by the following vote
as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town
of Los Gatos on , 1990.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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2
November 19, 1990
Los Gatos, California
PARKING LOT 4 CONT.
Ron Leikens, 119 University, requests landscaping and movement of the exit ramp.
Council expressed concerns over including the neighborhood in the process mentioning Parking
Commission meetings, public hearings and resident of the area Andrea Holding who serves on
the Parking Commission. Clarification of time elements were made stating that preliminary
reports would be at in the end of December or beginning of January. Report was received and
filed.
MAIN STREET E. 123/RECREATION DEPARTMENT
HANDICAP ACCESSIBILITY/REMODELING
Motion by Mr. Carlson, seconded by Mr. Ventura, that Council deny the request to waive fees
and require restrooms be made accessible in Phase I of the construction plan, the reasons in the
report being clear and correct and consistent with Council's past actions. Carried by a vote of
4 ayes. Mr. Hamilton voted no.
SANTA CRUZ AVE N. 27/CHAMPS ELYSEES/OGILVIE/RESTAURANT USE PERMIT
Diane Ogilvie, requested that she be granted an extension to her conditional use permit to
operate a restaurant at 27 N. Santa Cruz Ave.
Paul Ebrahemi, spoke of the unhealthy conditions of the establishment and the rental unit
upstairs during the twelve years he operated at this location.
Motion by Mr. Ferrito, seconded by Mr. Carlson, that Council deny the request to allow until
February 1, 1991 to reopen the restaurant at 27 North Santa Cruz Ave. This is a denial without
prejudice. Carried by a vote of 4 ayes. Mr. Hamilton voted no, requesting the extension until
the problems can be attended to.
POSTING TOWN NOTICES/THREE OFFICIAL LOCATIONS/ORDINANCE INTRODUCTION
This item introducing an ordinance establishing three official locations for the posting of Town
notices was tabled by Council consensus until December 17, 1990 in order to consider locations
that may be more visible and encompass more of the Town such as the Post Office and shopping
centers.
CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY
Informational item received and filed.
ADJOURNMENT
Motion by Mr. Hamilton, seconded by Mr. Carlson, to adjourn this meeting at 11:26 p.m.
TC:D1:MM11199O
A 1"1'EST:
Marian V. Cosgrove
Town Clerk
9